By Coleman                                            H.B. No. 2684
         76R9012 T                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to reinvestment zones and their administration.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           Sec. 1.  Subsection b of Section 311.010 Tax Code is amended
 1-5     to read as follows:
 1-6           (b)  The board of directors of a reinvestment zone or the
 1-7     municipality may enter into agreements on the conditions and for a
 1-8     term the board and or municipality considers necessary or
 1-9     convenient to implement the project plan and reinvestment zone
1-10     financing plan and achieve their purposes.  An agreement may
1-11     provide for the regulation or restriction of the use of land by
1-12     imposing conditions, restrictions, or covenants that run with the
1-13     land.  An agreement may dedicate, pledge and provide that revenue
1-14     in the tax increment fund for the term of the agreement be used to
1-15     pay any project costs which benefits the reinvestment zone, whether
1-16     located within or outside of the zone, including the cost of school
1-17     buildings and other educational facilities, rail or transit
1-18     facilities, affordable housing, remediating conditions
1-19     contaminating public or private land or buildings, preserving the
1-20     facades of or demolishing public or private buildings or replacing
1-21     housing or areas of public assembly (in or out of the zone).  An
1-22     agreement may dedicate revenue from the tax increment fund to pay a
1-23     neighborhood enterprise association for providing services or
1-24     carrying out projects authorized under Subchapters E and G, Chapter
 2-1     2303, Government Code, in the zone.  The term of an agreement with
 2-2     a neighborhood enterprise association may not exceed 10 years.
 2-3           Sec. 2.  Section 311.011 Tax Code is amended by adding the
 2-4     following as subsection (d), (e) and (f) and (g):
 2-5           (d)  The board of the reinvestment zone may exercise any of
 2-6     the powers granted to the municipality by Section 311.008; however,
 2-7     the municipality may restrict by ordinance or resolution any power
 2-8     the board is granted by this Chapter.
 2-9           (e)  a taxing unit may enter into a tax abatement agreement
2-10     with personal or real property owners in the reinvestment zone
2-11     after it has entered into an agreement that its tax increments
2-12     would be paid into the tax increment fund; provided, however, an
2-13     agreement to abate taxes or real property must be approved by the
2-14     board of directors the reinvestment zone.
2-15           (f)  The board of the reinvestment zone may exercise the
2-16     powers set forth in this section after the municipality adopts an
2-17     ordinance creating the zone notwithstanding any charter provisions
2-18     of the municipality to the contrary.
2-19           (g)  The board of directors of a reinvestment zone and the
2-20     municipality may contract with a local government corporation
2-21     created by the municipality pursuant to Chapter 431 Transportation
2-22     Code to manage the reinvestment zone and implement the project plan
2-23     for the term and on such conditions as the parties agree.
2-24           Sec. 3.  Subsection (f) of Section 311.011 Tax Code is
2-25     amended to read as follow:
2-26           (f)  In a zone designated under Section 311.005(a)(5) that is
2-27     located in a county with a population of 2.1 million or more, [the
 3-1     project plan must provide that at least one-third of the surface
 3-2     area of the zone, excluding roads, streets, highways, utility
 3-3     rights-of-way, and other public areas or areas exempt from ad
 3-4     valorem taxation, be dedicated to residential housing and] the
 3-5     project plan must provide that at least one-third of the tax
 3-6     increment of the zone be used (dedicated) to provide affordable
 3-7     (low income) housing.
 3-8           Sec. 4.  Section 311.014, Tax Code is amended by adding the
 3-9     following new subsection (j):
3-10           (j)  A taxing unit may retain from the amount otherwise
3-11     required to be paid into the tax incremental fund of a reinvestment
3-12     zone created on or after September 1, 1999 the amount resulting
3-13     from the levy of a tax on the captured appraised value of the zone
3-14     at the rate the taxing unit levies to pay its bonds or other
3-15     obligations.  The taxing unit may not retain such tax increment in
3-16     a reinvestment zone created before September 1, 1999 unless the
3-17     taxing unit retained that right in the agreement to participate in
3-18     the zone.
3-19           Sec. 5.  Section 431.101 of the Transportation Code is
3-20     amended to read as follows:
3-21           Section 431.101.  CREATION AND DISSOLUTION OF LOCAL
3-22     GOVERNMENT CORPORATION.  (a)  A local government corporation may be
3-23     created to aid and act on behalf of one or more local governments
3-24     to accomplish any governmental purpose of the local governments.
3-25     The governing body of the local government must approve the
3-26     articles of incorporation and the by laws of any local government
3-27     corporation acting on its behalf.
 4-1           (b)  A local government corporation has the powers of a
 4-2     corporation authorized for creation by the commission under this
 4-3     chapter and a non-profit corporation created under the Texas
 4-4     Non-Profit Corporation Act (Article 1396-101 et seq Vernon's Texas
 4-5     Civil Statutes to the extent that the provisions of the Texas
 4-6     Non-Profit Corporation Act are not inconsistent with this chapter.
 4-7     The provisions of the Texas Non-Profit Corporation Act is
 4-8     applicable to the directors and officers standards of conduct,
 4-9     interests in contracts and powers.
4-10           (c)  Since a local government corporation is created and
4-11     dissolved by a local government the provisions of this chapter
4-12     relating to creation, dissolution, administration and supervision
4-13     of a corporation by the commission shall not be applicable to a
4-14     local government corporation.
4-15           (d)  The provisions of Section 394.904 of the Local
4-16     Government Code shall be applicable to contracts awarded by a local
4-17     government corporation and to property or improvements owner by the
4-18     local government corporation.
4-19           (e)  The persons appointed to the board of directors of a
4-20     local government corporation may be the same persons as serve on
4-21     the board of a reinvestment zone created by a municipality pursuant
4-22     to Chapter 311 Tax Code.  The members of the board of directors of
4-23     the reinvestment zone and of the board of directors of the local
4-24     government corporation are not public officers and therefore, the
4-25     same person may be appointed to serve on behalf of the reinvestment
4-26     zone and the local government corporation.  A director of a local
4-27     government corporation may receive fees for their service and
 5-1     reimbursement of their expenses as provided by Section 49.060 Water
 5-2     Code.  [The provisions of the Texas Non-Profit Corporation Act
 5-3     relating to standards of conduct shall be applicable to the members
 5-4     of the board of directors of a local government corporation.]
 5-5           SECTION 6.  The importance of this legislation and the
 5-6     crowded condition of the calendars in both houses create an
 5-7     emergency and an imperative public necessity that the
 5-8     constitutional rule requiring bills to be read on three several
 5-9     days in each house be suspended, and this rule is hereby suspended,
5-10     and that this Act take effect and be in force from and after its
5-11     passage, and it is so enacted.